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08-27-2009 (Construction Code) Minutes Construction Code Board CITY OF WYLIE Minutes Construction Code Board Thursday, August 27, 2009 — 7:00 pm Wylie Municipal Complex— Council Chambers 2000 Highway 78 North CALL TO ORDER Announce the presence of a Quorum. Building Official, Mike McAnnally called the meeting to order at 7:12 p.m. with the following Construction Code Board Members present: Allen Morris, Brian Parten, Bryan Rogers, Kevin Thompson, Brian Huddleston,Ronald Hauck, Billy McClendon. Staff present were: Building Official, Mike McAnnally; Code Enforcement Officer, Pat Mitchell; Code `"""` Enforcement Officer,Wendy Young, Leisa Price,and City Attorney Claire Swann. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address Construction Code Board regarding an item that is not listed on the Agenda. Residents must provide their name and address. Construction Code Board requests that comments be limited to three (3) minutes. In addition, Construction Code Board is not allowed to converse, deliberate or take action on any matter presented during citizen participation. There were no citizens present to address the Construction Code Board during Citizens' Comments. APPOINTMENT OF CHAIRMAN / VICE-CHAIRMAN • Consider, and act upon, appointment of the Chairman / Vice Chairman for a one year term beginning July 2009 and ending July 2010. Board Action A nomination was made by Bryan Rogers to nominate Ronald Hauck as the Chairman. Board Member Allen Morris seconded the motion. A vote was taken and a motion passed 7-0. A nomination was made by Allen Morris to nominate Bryan Rogers as Vice Chairman. Board '° Member Kevin Thompson seconded the motion. A vote was taken and a motion passed 7-0. Minutes—August 27, 2009 Construction Code Board Pagel BUSINESS ITEMS 1. Consider, and act upon, approving the Minutes from the June 25, 2009 Construction Code Board meeting. Board Action A nomination was made by Allen Morris to approve the minutes as submitted. Board member Bryan Rogers seconded the motion. A vote was taken and a motion passed 7-0. 2. Hold a public hearing, and consider and act upon, seeking a determination that a building(s) located at or near 602 Ballard, Calloway, Blk 1 Lot 1A, Wylie, Collin County, Texas, is in violation of standards set out in Ordinance 2008-49, DANGEROUS BUILDINGS of the City of Wylie, Texas; and, seeking an order that the building be vacated, secured, removed, or demolished. Board/Staff Discussion Pat Mitchell explained that Lenore Marren, owner of the house is not present. On January 16, 2008 photos were taken of the exterior of the home. She explained that the first set of notices were also sent at this time. Lenore Marren contacted Code Enforcement and allowed us to enter the property with the Building Inspection Department to inspect and take photos. Multiple violations were found at this time as well. Ms. Marren stated that she was prepared to demolish the house. Building Official, Mike McAnnally read a letter that Lenore Marren addressed to Pat Mitchell dated April 16, 2008 that read, "Dear Ms. Mitchell,this letter is in regards to the property located at 602 S Ballard, Wylie Texas 75098. After receiving several renovation bids to bring the structure up to code, I have decided the best point of action at this time is to have the structures demolished. I am currently seeking bids for demolish of the structures." Board Member Zachary Thompson asked when the last time someone had lived in the house. Pat Mitchell stated that she started working this house on January 16, 2008 and since that time nobody has lived in the house. Board Member Allen Morris stated that this has been going on for 20 months. Board Action A motion was made by Allen Morris and seconded by Board Member Bryan Rogers. The Board having heard and considered the testimonies and available evidence, it is in the opinion that the structure at 602 S Ballard is substandard and does constitute a Dangerous Building/Structure within the meaning of Section 22.211 of the Code of Ordinances of the City of Wylie, Texas. The language in the final order is satisfied. A vote was taken and the motion passed 7-0. 3. Hold a public hearing, and consider and act upon, seeking a determination that a building(s)located at or near 800 Ballard,JM Butler Jr, Lot 10 ,Wylie, Collin County, Texas,is in violation of standards set out in Ordinance 2008-49 DANGEROUS BUILDINGS of the City of Wylie,Texas; and, seeking an order that the building be vacated, secured, removed, or demolished. Minutes—August 27, 2009 Construction Code Board Page2 Board/Staff Discussion City Attorney Claire Swann read Dangerous Building Ordinance 2008-49 Sec 22.211, C, (1) All buildings or structures which have any or all of the following defects shall be deemed Dangerous Structures: (A) Those which have interior walls or other vertical structural members that list, lean or buckle to such an extent that a plumb line passing through the center of gravity falls outside the middle third of its base. (B) Those which, exclusive of the foundation, show thirty- three percent (33%) or more of damage or deterioration of the supporting member or members of fifty percent (50%) of damage or deterioration of the non-supporting enclosing or outside walls of covering. (C) Those which have improperly distributed loads upon the floors, roofs, overloaded roofs, floors, or which have insufficient strength to be reasonably safe for the purpose used. (D) Those which have been damaged by fire, wind or other causes so as to have become dangerous to life, safety, morals, or the general health and welfare of the occupants or the people of the City. (E) Those which are so dilapidated, decayed, unsafe, unsanitary or which so utterly fail to provide the amenities essential to decent living that they are unfit for human habitation, or which are likely to cause sickness or disease so as to work injury to the health, morals, safety or general welfare of those occupying such building or structure. (F) Those having light, air and sanitation facilities which are inadequate to protect the health, morals, safety or general welfare of human beings who live or many live therein. (G) Those which have inadequate facilities for egress in case of fire or panic or those having insufficient stairways, elevators, fire escapes, or other means of communication. (H) Those, regardless of their structural condition, which have during times that they were not actually occupied by their owners, lessees or other invitees, been left unsecured from unauthorized entry to the extent that they may be entered and utilized by vagrants or other uninvited persons as a place of harborage or may be entered and utilized by children as a play area. (I) Those which have parts thereof which are so attached that they may fall and injure members of the public or property. (J) Those which because of their condition are unsafe, unsanitary, or dangerous to the health, morals, safety, or general welfare of the people of the City. (K) Those buildings existing in violation of any provisions of this Ordinance, the building code, the fire code, or other ordinances of this City if the violation is of such a nature that the building or structure constitutes a danger to its occupants or to others. Pat Mitchell explained the first set of notices was sent February 11, 2008. Pictures were taken of the exterior of the home. Collin County records were researched and the legal owner was Mr. James Munley. On April 4, 2008 access was given by Mr. Munley to the Building Inspection and Code Enforcement Department to enter the premises and take pictures of the interior of the home. A carport is attached to the house and is leaning and very close to falling over. In addition, there is a storm shelter in the backyard that is unsecure. On November 24, 2008 she was contacted by a contractor and he stated that he was going to try and bring the home up to code. Since that time, nothing had been done. A title search was ordered on June 2, 2009 and letters were mailed to all people attached to the title or had any interest in this structure/property. One June 2, 2009 a Dangerous Structure Evaluation Report was mailed to all parties of interest. Board Action The board agreed to work with Mr. Munley. They agreed to give him 180 days to either sell, make repairs, or demo the property. The board also agreed that he must secure the storm cellar and the carport immediately. Mr. Munley is required to have an engineer look at the cellar and carport and give him direction as to securing the cellar and carport. He must pull city permits for the work and provide a copy of the engineer's letter to the Building Inspections Department. He Minutes—August 27, 2009 Construction Code Board Page3 must also keep the property maintained during the 180 days. If the above agreed upon action is not taken care of by Mr. Munley then the city will be forced to step in and have the property , . demolished. The board agreed upon the terms. Mr. Munley expressed appreciation to the City for being willing to work with him. The board discussed with Claire Swann the details of the agreement with Mr. Munley. The board agreed with Claire Swann and her recommendations for preparing the paper work for Mr. Munley. A motion was made by Board Member Allen Morris and seconded by Board Member Bryan Rogers. The Board having heard and considered the testimonies and available evidence, it is of the opinion that the structure at 800 Ballard (including the storm cellar and carport) is substandard and does constitute a Dangerous Building/Structure within the meaning of Section 22.211 of the Code of Ordinances of the City of Wylie, Texas. The language in the final order is satisfied. Allen Morris made a motion, Bryan Rogers seconded the motion. A vote was taken and the motion passed 7-0. ADJOURNMENT With no further business before the Construction Code Board, a motion was made by Allen Morris, seconded by Bryan Rogers to adjourn the meeting at 9:13 p.m. A vote was taken and the motion passed 7-0. 0 Bry.n • •g: s, Co4truction Code Board Vice Chairman SUBMITTED BY: a 1'Th, (...._ 4)--AS21 endy Young, C s r cti n Code rd Secretary Minutes—August 27, 2009 Construction Code Board Page4